HomeMy WebLinkAboutMinutes_Special Master_10/26/2012 VILLAGE OF TEQUESTA
SPECIAL MASTER CODE ENFORCEMENT HEARING
MINUTES
October 26, 2012
PRESENT: Special Master Kevin Wagner, Code Enforcement Officer Joe Petrick, and
Village Attorney Jennifer Gardner Ashton.
The hearing was called to order at 10:00 A.M. The Pledge of Allegiance was led by
Special Magistrate Kevin Wagner.
The following cases were heard by the Special Master:
Status Hearinqs — None
Fine Assessment Hearinqs:
1. Case Number: 2012-00092
Deborah Kresser
423 Beacon Street
Tequesta, FL 33469
PCN: 60-42-40-25-06-022-0240
Legal Description: JUPITER IN THE PINES SEC B LT
24 BLK 22
Chapter 14 Article VI Section 14-152; Building Permits
This case was removed.
2. Case Number: 2012-00111
Robert June
15 Hemlock Lane
Tequesta, FL 33469
PCN: 60-42-40-25-25-000-1970
Legal Description: TEQUESTA PINES LT 197
Chapter 30 Article II Section 30-33; Prohibited Conditions
Findings of fact were the Respondent, Robert June, is the owner of the above-described
property; the Respondent was not present at the hearing; however, there was a finding
of proper notice. By the "Order Finding Violation" dated October 8, 2012, the Special
Magistrate ordered the Respondent to comply with Section 30-33 of the Code of
Ordinances of the Village of Tequesta on or before October 15, 2012, or be subject to
fine, and based upon the evidence and testimony presented at the hearing on October
, � Special Master Hearing
October 26, 2012
Page 2 of 7
25, 2012, the Special Magistrate found that the property remained in violation of Section
30-33.
Conclusions of law were that the above-stated facts constitute a continuing violation of
Section 30-33 of the Code of Ordinances of the Village of Tequesta.
It was the Order of the Special Magistrate that a Fine of Seven Hundred and Fifty
Dollars ($750.00) be assessed, at Seventy-five Dollars ($75.00) per day, for the
violations which existed on the property beginning from October 16, 2012 through
October 25, 2012, a period of ten (10) days, and the fine amount shall continue to
accrue at Seventy-five Dollars ($75.00) per day until compliance is achieved.
It further was ordered by the Special Magistrate that Respondent be assessed $189.40
in administrative costs for the October 25, 2012 hearing. The Special Magistrate also
reaffirmed that Respondents be assessed $198.80 in administrative costs for the
September 27, 2012 hearing.
A certified copy of this Order may be recorded in the Public Records of Palm Beach
County, Florida, and, once recorded, shall constitute a lien against the property upon
which the violation exits and upon any other real or personal property owned by the
Respondents, pursuant to Chapter 162, Florida Statutes.
The Special Magistrate also entered an order in Case Number 2012-00111 finding
violation and permitting continuing Village abatement. Findings of fact were the
Respondent, Robert June, is the owner of the above-described property; the
Respondent was not present at the hearing; however, there was a finding of proper
notice. Code Enforcement Officer Joe Petrick provided testimony and evidence of the
violation, as contained in the Village's evidentiary case file which was accepted into
evidence. As of the hearing on October 25, 2012, and based on the testimony and
other evidence presented by the Code Enforcement Officer, the Special Magistrate
found that the property is in violation of Section 30-33 of the Code of Ordinances of the
Village of Tequesta and such violation represents a serious threat to the health, safety
and welfare of the Village residents due to the landscape overgrowth, and the presence
of debris and vermin such as mosquitoes.
Conclusions of law were that the above-stated facts constitute a violation of Section 30-
33 of the Code of Ordinances of the Village of Tequesta.
It was ordered by the Special Magistrate that the Village may abate the violation of
Section 30-33 by taking reasonable actions concerning the landscape overgrowth,
debris and vermin in order to alleviate the dangerous conditions that such issues may
present to surrounding areas pursuant to legislative authority granted to the Village by
Section 162.09, Florida Statutes. Such abatement action by the Village shall in no way
create a continuing obligation or any present or future liability for any damage to the
property that may result from such good faith attempts to abate the violations.
Additionally, the Village may continue to abate the nuisance in the future whenever the
, � Special Master Hearing
October 26, 2012
Page 3 of 7
landscape overgrowth or the presence of debris and vermin again violate Village Code
as documented in the code enforcement files for the property.
Notice was given ta Respondent Robert June to appear at the Fine Assessment
Hearing for the Village's Abatement Costs, which will be held on the 13 day of
December, 2012 at 10:00 a.m. at Village Hall, Council Chambers, 345 Tequesta Drive,
Tequesta, Florida 33469, unless the Code Enforcement Officer certifies that
Respondent has timely brought his property into compliance.
3. Case Number: 2012-00072
Citimortgage Inc.
CT Corporation System
22 Shay Place
Tequesta, FL 33469
PCN: 60-42-40-25-00-000-5270
Legal Description: 25-40-42, S 130 FT OF N 390 FT OF E
79.37 FT OF W 238.12 FT OF NE 1/4 OF SE 1/4 (LESS N
10FT SHAY PL RM/)
Chapter 30 Article II Section 30-33; Prohibited Conditions
Findings of fact were the Respondent, Citimortgage, Inc., is the owner of the above-
described property; and the Respondent was not present at the hearing; however, there
was a finding of proper notice. By the "Order Finding Violation" dated October 8, 2012,
the Special Magistrate ordered the Respondent to comply with the violations of Section
30-33 of the Code of Ordinances of the Village of Tequesta on or before October 15,
2012, or be subject to fine. Based upon the evidence and testimony presented at the
hearing on October 25, 2012, the Special Magistrate found that the property was still in
violation of Section 30-33.
Conclusions of law were that the above-stated facts constitute a violation of Section 30-
33 of the Code of Ordinances of the Village of Tequesta.
It was the Order of the Special Magistrate that a Fine of One Thousand Dollars
($1,000.00) be assessed, at One Hundred Dollars ($100.00) per day, for the violations
which existed on the property from October 16, 2012 through October 25, 2012, a
period of ten (10) days, and the fine amount shall continue to accrue at One Hundred
Dotlars ($100.00) per day until compliance is achieved.
It further was the Order of the Special Magistrate that Respondent be assessed $179.40
in administrative costs for the October 25, 2012 hearing. The Special Magistrate also
Special Master Hearing
October 26, 2012
Page 4 of 7
reaffirmed that Respondent was assessed $201.80 in administrative costs for the
October 8, 2012 hearing.
A certified copy of this Order may be recorded in the Public Records of Palm Beach
County, Florida, and, once recorded, shall constitute a lien against the property upon
which the violation exits and upon any other real or personal property owned by the
Respondents, pursuant to Chapter 162, Florida Statutes.
4. Case Number: 2012-00075
Leo Arroyo
470 Tequesta Drive
Tequesta, FL 33469
P C N : 60-42-40-25-06-015-0040
Legal Description: JUPITER IN THE PINES SEC B LT 4
BLK 15
Chapter 14 Article VI Section 14-152; Building Permits
Chapter 14 Article VI Section 14-153; Plumbing Permits
Chapter 14 Article VI Section 14-154; Electrical Permits
Chapter 14 Article VI Section 14-155; Mechanical Permits
Findings of fact were the Respondent, Leo Arroyo, was present at the hearing; there
was a finding of proper notice. The Code Compliance Officer for the Village testified
that Respondent was progressing toward complete compliance. The Village requested
that this matter be continued until the December 13, 2012 agenda.
The Respondent was ordered to comply with Sections 14-152, 14-154 and 14-155 of
the Code of Ordinances of the Village of Tequesta on or before December 10, 2012. If
the Respondent fails to achieve compliance on or before that date, a Fine of Fifty
Dollars ($50.00) per day may be imposed for each day the violation continues to exist.
Notice was given to Respondent to appear at the Fine Assessment Hearing which will
be held on the 13 day of December, 2012 at 10:00 a.m. at Village Hall, Council
Chambers, 345 Tequesta Drive, Tequesta, Florida 33469, unless the Code
Enforcement Officer certifies that Respondent has timely brought his property into
compliance.
. � Special Master Hearing
October 26, 2012
Page 5 of 7
Repeat Violation Hearinqs
5. Case Number: 2012-00118
Alice Stark
116 Golfview Drive
Tequesta, FL 33469
PCN: 60-42-40-26-01-000-3180
Legal Description: TEQUESTA LT 318
Chapter 78 Article IX Section 78-644; R1-A Violation
Findings of fact were the Respondent, Alice Stark, was not present at the hearing;
however, there was a finding of proper notice. Based upon evidence and testimony
presented, the Special Magistrate found that the Respondent was in violation of Section
78-644 of the Code of Ordinances of the Village of Tequesta from September 7, 2012,
through October 22, 2012, a period of forty-six (46) days. This was a repeat violation of
the same Village Code section from an "Order Finding Repeat Violation and Assessing
Fine" dated September 29, 2011.
Conclusions of law were that based on the above-stated facts, Respondent was in
repeat violation of Section 78-644 of the Code of Ordinances of the Village of Tequesta.
It was the Order of the Special Magistrate that a Fine of Three Thousand Four Hundred
and Fifty ($3,450.00) be assessed at Seventy-Five Dollars ($75.00) per day for this
repeat violation, which existed on the property from September 7, 2012, through
October 22, 2012, a period of forty-six (46) days. Respondent also was assessed the
Village's administrative costs in the amount of $187.40.
A certified copy of this Order may be recorded in the Public Records of Palm Beach
County, Florida, and, once recorded, shall constitute a lien against the property upon
which the violation exits and upon any other real or personal property owned by the
Respondents, pursuant to Chapter 162, Florida Statutes.
Violation Hearings:
6. Case Number: 2012-00120
First National Mortgage Association
3 Willow Road
Tequesta, FL 33469
PCN: 60-42-40-25-09-000-0600
Legal Description: RIDGEWOOD HOMES LT 60
. � Special Master Hearing
October 26, 2012
Page 6 of 7
Chapter 30 Article II Section 30-33; Prohibited Conditions
This case was removed.
7. Case Number: 2012-00117
Spencer Lloyd
6 Bay Harbor Road
Tequesta, FL 33469
PCN: 60-42-40-36-10-000-0121
Legal Description: BAY HARBOR NW LT PT OF LT
12 AS IN OR3283 P761
Chapter 46 Article III Sec.46-61; Parking Violation Fines
This case was removed.
Forclosure Authorizations - None
Fine Reduction Hearinqs - None
Minutes
Special Magistrate Wagner approved the minutes of the September 27, 2012 hearing.
Adjournment
There being no further cases, the meeting was adjourned.
RespectFully submitted,
Betty Laur
Recording Secretary
ATf EST:
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Co e Enforcement Officer
. . ► Special Master Hearing
October 26, 2012
Page 7 of 7
APPROVED:
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